Bill Text Versions

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A bill for an actrelating to environment; prohibiting using trichloroethylene; proposing coding for new law in Minnesota Statutes, chapter 116.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin[116.385] TRICHLOROETHYLENE; BAN.new text end

new text beginSubdivision 1.new text end

new text beginDefinitions.new text end

new text begin For purposes of this section:new text end

new text begin(1) "agency" means the Minnesota Pollution Control Agency;new text end

new text begin(2) "commissioner" means the commissioner of the Minnesota Pollution Control Agency; andnew text end

new text begin(3) "trichloroethylene" means a chemical with the Chemical Abstract Services Registry Number 79-01-6.new text end

new text beginSubd. 2.new text end

new text beginUse prohibited.new text end

new text begin(a) Beginning January 1, 2022, an owner or operator of a facility required to have an air emissions permit issued by the agency may not use trichloroethylene at the permitted facility for any purpose unless the commissioner grants the facility a temporary extension under paragraph (c) or a waiver under subdivision 4.new text end

new text begin(b) The commissioner must, no later than December 31, 2021, incorporate the ban on trichloroethylene use as an enforceable provision of:new text end

new text begin(1) a facility's air emissions permit; ornew text end

new text begin(2) a separate agreement entered into with the owner or operator of the facility.new text end

new text begin(c) If, upon request from a facility before January 1, 2022, the commissioner determines that the facility requires additional time to assess the feasibility of using one or more chemicals to replace trichloroethylene, the commissioner may, at the commissioner's discretion, include a schedule of compliance in the facility's permit or in a separate enforceable agreement that requires compliance with this section no later than December 31, 2023.new text end

new text begin(d) An owner or operator of a facility requesting an extension under paragraph (c) or requesting a waiver under subdivision 4:new text end

new text begin(1) must, while trichloroethylene continues to be used at the facility, demonstrate compliance with the health-based value and health risk limits for trichloroethylene established by the Department of Health;new text end

new text begin(2) may be required to comply with additional operating restrictions based on air emissions from nearby sources or background concentrations; andnew text end

new text begin(3) may be required to provide additional information as requested by the commissioner to evaluate site-specific conditions or impacts.new text end

new text beginSubd. 3.new text end

new text beginReplacement chemicals; installing pollution control equipment.new text end

new text beginAn owner or operator proposing to replace trichloroethylene with another chemical must submit evidence to the commissioner, as required by the commissioner, demonstrating that the replacement chemical is less toxic to human health and the environment than trichloroethylene. If an owner or operator proposes more than one less-toxic replacement chemical, the commissioner must consider the option that has a lesser impact on human health and the environment. If the commissioner cannot determine the toxicity of a proposed replacement chemical, the commissioner may require a facility to install additional pollution control equipment to control trichloroethylene emissions.new text end

new text beginSubd. 4.new text end

new text beginExceptions.new text end

new text beginThe commissioner may grant a waiver to the prohibition in subdivision 2 to a facility that demonstrates to the commissioner's satisfaction that the facility is:new text end

new text begin(1) using trichloroethylene solely in closed systems so that no trichloroethylene is emitted from the facility;new text end

new text begin(2) holding trichloroethylene or products containing trichloroethylene for distribution to a third party; ornew text end

new text begin(3) a hospital licensed according to section 144.50 or an academic medical facility.new text end